Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

In Texas: We hired a flooring company in September, to buy…

In Texas: We hired a...
In Texas: We hired a flooring company in September, to buy and install new floors. We were not happy with their work and they have been back out 4 times to try and get the floor right. The last time they came out, they completely took up the entire floor to completely redo it, recycling some material that they felt they could salvage. We felt the work was still substandard and were concerned about the integrity of the flooring, so we hired a certified flooring inspector. The report from the inspector concluded that there are multiple areas that are outside of any tolerances for acceptable flooring and that the only remedy is "the floor has to be totally removed, the subfloor properly leveled, install the underlayment, and re-install the floor". The flooring company has offered to come back out to completely redo the floor again, however, we have lost confidence in their ability to complete the job. We have already paid them a deposit, withholding the remainder until the job is complete. Note: The flooring company forgot to get a signed contract for the job. Question: Would it be reasonable to expect we could get our deposit back in small claims court if we wanted another company to complete the job? Could they successfully get a lien on our house if we refuse to complete the job through them?
Show More
Show Less
Ask Your Own Legal Question
Answered in 1 minute by:
3/20/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,210
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Ask Your Own Legal Question
Customer reply replied 1 month ago
Of course, Thank you for the response

Thanks so much for your patience.

This appears to be a classic breach of contract. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. This applies even when there was no written agreement, but just an oral agreement between the parties. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. In your case, you could recover the difference in the cost to repair the floor and what they have been paid, but did not earn There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started.

If you took it to small claims, it is probable that you could get your deposit back, but it is likely the court is only going to give you back the overage of what you paid. For example, if you gave them $5,000 when they only did $2,000 worth of work, you'd get that difference

What other questions did you have for me today that I can help you out with:-)?

Ask Your Own Legal Question
Customer reply replied 1 month ago
If the certified inspector determined that the flooring needs to be completely redone due to error installation and prep, does this mean that the overage situation would still apply? How do they determine the value of how much work they did for the overage? Also, if we did not pay the remainder, would they be able to successfully file a lien without a contract in Texas?

You may need to find an independent flooring company to determine the value of the work that they have done. If a party breaches a contract, the other party's obligation is cut off and if they don't do any additional work, they won't be able to file a lien.

Ask Your Own Legal Question
Customer reply replied 1 month ago
We DID hire an independent flooring company that wrote a formal report that states the flooring needs to be completely redone. Would this report be acceptable to determine that NO value was provided?

Gotcha. Yes. If you have that, then that will be helpful. If you were to take it to court, the court will look at it to determine what the reasonable value of the work was. It's possible that the court may not consider it only because it's just the opinion of one place, so you may need to request that the flooring expert come to court with you if you file a small claims action to act as a witness.

Ask Your Own Legal Question
Customer reply replied 1 month ago
I have heard that Texas is a state where a contract is required to file a lein. Could anything satisfy this requirement outside of a formal contract, like emails, phone calls, quotes, deposits?

Yes, they could attempt to file a lien and provide documentation like emails and phone calls to prove that there was a contract; however, they can't file a lien based on work they haven't done. If they've been paid up to this point, then a court won't approve a lien. It's for contractors that have done work, but haven't been paid.

Ask Your Own Legal Question
Customer reply replied 1 month ago
The flooring company said "Texas is a right to work state" meaning they should be given as many tries as needed to complete the work. Is this true? This would represent a 5th time to retry this project since September. We feel this is causing unreasonable disruption to our lives.

That's not true. It seems as if they're feeding you misinformation. The "right to work" issue means that employers can terminate employees at any time for any reason, but that is totally irrelevant in this case since there is no employment relationship here.

Ask Your Own Legal Question
Customer reply replied 1 month ago
Will the small claims court consider reimbursing us for expenses such as the flooring inspector, the incoveniences that resulted from us having to box up the house 4 times, time off work, etc?

Yes. Those are damages that you can request. The court may not agree that those are reasonable damages at all, but those are things that you can and should request.

Ask Your Own Legal Question
Customer reply replied 1 month ago
The flooring company has offered the following: 1: They will completely redo the floor (again) and charge for any additional flooring prep work. We would owe the balance. 2: We can all walk away and they can keep the deposit. Question: Is there a risk or can we expect a more favorable outcome in small claims court?

I'm never a fan of going to court to be honest; however, I think if they did such a terrible job and if they're not willing to negotiate, it is going to be your best recourse to go to court. It's a judgment call, but in this case, you would be better off in court.

Ask Your Own Legal Question
Customer reply replied 1 month ago
Last 2 questions promise:The flooring company wants us to share the independent Flooring Inspection report we paid for. Is there any risk in sharing this with them?If we do decide to go to court, should we discontinue all further communication with them or let them know, how do we let them know?

No problem.

1. I don't think there's any harm. Just save a copy.

2. I would discontinue communication if you decide to sue unless it's only specifically regarding settlement.

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,210
Experience: Licensed to practice before state and federal court
Verified
Legal Eagle and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,210
10,210 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I need to sue a company for breach of contract. Florida.
Locating the companies main address and the name and address of the factious certificate holder … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,864 satisfied customers
DO YOU TAKE BREACH OF CONTRACT CASES INVOLVING NOT ONLY THE
DO YOU TAKE BREACH OF CONTRACT CASES INVOLVING NOT ONLY THE CONTRACTOR BUT ALSO THE COUNTY HOUSING DEPARTMENT? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I have a breach of contract. a prommisory note needs to be
I have a breach of contract . a prommisory note needs to be enforced.. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Right to appeal My husband was sued for breach of contract
My husband was sued for breach of contract in Newton County, Missouri. What are the steps necessary to file an appeal, if we can? … read more
Legal Eagle
Legal Eagle
Lawyer
10,210 satisfied customers
I tried to connect to a breach of contract link, as well as
I tried to connect to a breach of contract link, as well as a demand letter link, from our conversation on Nov 4, 2017. I received an ERROR message. The issues that were at hand then, are ongoing. My … read more
Legal Eagle
Legal Eagle
Lawyer
10,210 satisfied customers
I have a question about a contractor's breach of contract.
I have a question about a contractor's breach of contract. He contracted to build the home for $200,000. 10 months later, with no warning and no notice, he advised my daughter (it's her home) that he … read more
Bill Attorney
Bill Attorney
law
2,022 satisfied customers
Can you sue a real estate agent for breach of contract if
Can you sue a real estate agent for breach of contract if you discover they did not have your best interest in mind or gave you false information? As a first time homebuyer, I believe my agent purpose… read more
Legal Eagle
Legal Eagle
Lawyer
10,210 satisfied customers
In contract law, the first party breaching a contract cannot
In contract law, the first party breaching a contract cannot hold the other party to enforcement of the terms of the contract, as the contract was broken by the first party. … read more
Legal Eagle
Legal Eagle
Lawyer
10,210 satisfied customers
My question is regarding a breach of contract. I live in
My question is regarding a breach of contract. I live in Arizona, and signed a 3 year contract as a news producer for a media company. I broke it after working for 9 months. The news director (my mana… read more
Legal Eagle
Legal Eagle
Lawyer
10,210 satisfied customers
For you. My first question was about breach of contract with
A follow up for you. My first question was about breach of contract with my billing company and my physician group. I am debating the Breach of Contract Letter and appreciate you advice. My new questi… read more
Legal Eagle
Legal Eagle
Lawyer
10,210 satisfied customers
I sued my landlord for breach of contract for refusal to
I sued my landlord for breach of contract for refusal to repair and having his city inspector friend approve the property for rent although they both knew it had not passed health and safety code for … read more
Legal Eagle
Legal Eagle
Lawyer
10,210 satisfied customers
I have a question in regards to a breach of contract with
I have a question in regards ***** ***** breach of contract with vehicle … read more
Legal Eagle
Legal Eagle
Lawyer
10,210 satisfied customers
Promissory Estoppel vs Breach of Contract. California
Second opinion] Promissory Estoppel vs Breach of Contract … read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
Promissory Estoppel vs Breach of Contract. California
Promissory Estoppel vs Breach of Contract JA: What state are you in? It matters because laws vary by location. Customer: California JA: Has anything been filed or reported? Customer: No. JA: Anything … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,820 satisfied customers
If a Corporation breaches someones contract and files
If a Corporation breaches someones contract and files bankruptcy in New York does that relieve them from the offense they vomited. If not what Orof civil procedure governs that.… read more
Lori
Lori
Juris Doctor
1,062 satisfied customers
I need to file a response to a pettioners breach of contract
i need to file a response to a pettioners breach of contract claims … read more
Ray
Ray
Lawyer
Doctoral Degree
32,108 satisfied customers
Breach of contract EMPIRE TODAY- I have a contract for
Breach of contract EMPIRE TODAY- I have a contract for install and removal for flooring. It's day 35! The disaster started 1st day, the salsa person measured incorrectly the worker showed up- yelling … read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
Is it a breach of contract if the custodial parent moves the
Is it a breach of contract if the custodial parent moves the children to a different medical insurance without notice?From the Final Decree: The court finds that Health and Dental Insurance for the children is available at a reasonable cost to the Father....If, at some point in the future, the Mother becomes eligible for insurance and wants to move the Children to her policy and Father agrees, Father shall be responsible for 50% of the cost of insurance; Father may refuse to transfer the Children to Mother's policy if his portion of the cost of such policy exceeds the premium he then is paying for comparable coverage through his employer.Today: I discovered, the Mother now has free insurance for the children. She switched the kids over to the new policy 2 years ago. However, I've been paying about $450 per month. Which means, I'm paying $450 for no reason. Is this willingly breaching a contract with the intent to cause financial harm? Or, what would be the outcome of this?… read more
Legal Eagle
Legal Eagle
Lawyer
10,210 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x